2006 (9) TMI 613 - SC - Indian Laws

Praying for issue of directions to Government of India to frame a new Police Act on the lines of the model Act drafted by the Commission - recommendations of National Police Commission not implemented - Sorabjee Committee prepared a draft outline for a new Police Act - Selection and minimum tenure of DGP - minimum residual tenure required - HELD THAT - Undoubtedly and undisputedly, the Commission did commendable work and after in depth study, made very useful recommendations. After waiting for nearly 15 years, this petition was filed. More than ten years have elapsed since this petition was filed. Even during this period, on more or less similar lines, recommendations for police reforms have been made by other high powered committees as above noticed. The Sorabjee Committee has also prepared a draft report. We have no doubt that the said Committee would also make very useful recommendations and come out with a model new Police Act for consideration of the Central and the State Governments. We have also no doubt that Sorabjee Committee Report and the new Act will receive due attention of the Central Government which may recommend to the State Governments to consider passing of State Acts on the suggested lines. We expect that the State Governments would give it due consideration and would pass suitable legislations on recommended lines, the police being a State subject under the Constitution of India. The question, however, is whether this Court should further wait for Governments to take suitable steps for police reforms. The answer has to be in the negative. Having regard to (i) the gravity of the problem; (ii) the urgent need for preservation and strengthening of Rule of Law; (iii) pendency of even this petition for last over ten years; (iv) the fact that various Commissions and Committees have made recommendations on similar lines for introducing reforms in the police set-up in the country; and (v) total uncertainty as to when police reforms would be introduced, we think that there cannot be any further wait, and the stage has come for issue of appropriate directions for immediate compliance so as to be operative till such time a new model Police Act is prepared by the Central Government and/or the State Governments pass the requisite legislations. It may further be noted that the quality of Criminal Justice System in the country, to a large extent, depends upon the working of the police force. Thus, having regard to the larger public interest, it is absolutely necessary to issue the requisite directions. Nearly ten years back, in Vineet Narain and Ors. v. Union of India and Anr. 1997 (12) TMI 615 - SUPREME COURT , this Court noticed the urgent need for the State Governments to set up the requisite mechanism and directed the Central Government to pursue the matter of police reforms with the State Governments and ensure the setting up of a mechanism for selection/appointment, tenure, transfer and posting of not merely the Chief of the State Police but also all police officers of the rank of Superintendents of Police and above. The Court expressed its shock that in some States the tenure of a Superintendent of Police is for a few months and transfers are made for whimsical reasons which has not only demoralizing effect on the police force but is also alien to the envisaged constitutional machinery. It was observed that apart from demoralizing the police force, it has also the adverse effect of politicizing the personnel and, therefore, it is essential that prompt measures are taken by the Central Government. The Court then observed that no action within the constitutional scheme found necessary to remedy the situation is too stringent in these circumstances. More than four years have also lapsed since the report above noted was submitted by the National Human Rights commission to the Government of India. The preparation of a model Police Act by the Central Government and enactment of new Police Acts by State Governments providing therein for the composition of State Security Commission are things, we can only hope for the present. Similarly, we can only express our hope that all State Governments would rise to the occasion and enact a new Police Act wholly insulating the police from any pressure whatsoever thereby placing in position an important measure for securing the rights of the citizens under the Constitution for the Rule of Law, treating everyone equal and being partisan to none, which will also help in securing an efficient and better criminal justice delivery system. It is not possible or proper to leave this matter only with an expression of this hope and to await developments further. It is essential to lay down guidelines to be operative till the new legislation is enacted by the State Governments. For considering this suggestion, it is necessary to enlist the views of expert bodies. We, therefore, request the National Human Rights Commission, Sorabjee Committee and Bureau of Police Research and Development to examine the aforesaid suggestion of Mr. Bhushan and assist this Court by filing their considered views within four months. The Central Government is also directed to examine this suggestion and submit its views within that time. Further suggestion regarding monitoring of the aforesaid directions that have been issued either by National Human Rights Commission or the Police Bureau would be considered on filing of compliance affidavits whereupon the matter shall be listed before the Court.

Summary

Issues Involved:
1. Necessity for police reforms in India.
2. Implementation of National Police Commission recommendations.
3. Establishment of State Security Commissions.
4. Selection and tenure of the Director General of Police (DGP).
5. Minimum tenure for police officers.
6. Separation of investigation from law and order functions.
7. Creation of Police Establishment Boards.
8. Establishment of Police Complaints Authorities.
9. Formation of a National Security Commission.
10. Consideration of cases involving international terrorism and organized crime.

Issue-wise Detailed Analysis:

1. Necessity for Police Reforms in India:
The judgment emphasizes the need for police reforms due to radical changes in the political, social, and economic landscape since the enactment of the Indian Police Act, 1861. The Government of India appointed a National Police Commission in 1977 to redefine the role, duties, powers, and responsibilities of the police, and to suggest measures for improvement.

2. Implementation of National Police Commission Recommendations:
The National Police Commission submitted several reports between 1979 and 1981, recommending various reforms. However, these recommendations were not implemented, leading to the filing of the present petition under Article 32 of the Constitution of India, seeking directions for framing a new Police Act and ensuring police accountability.

3. Establishment of State Security Commissions:
The Court directed the State Governments to constitute a State Security Commission to prevent unwarranted influence on the police and to lay down broad policy guidelines. The Commission should include the Chief Minister or Home Minister as Chairman, the DGP as ex-officio Secretary, and other members chosen to ensure independence from government control. The recommendations of this Commission shall be binding on the State Government.

4. Selection and Tenure of the Director General of Police (DGP):
The DGP should be selected from the three senior-most officers empanelled by the Union Public Service Commission based on their service record and experience. The selected DGP should have a minimum tenure of two years, irrespective of the date of superannuation, unless removed due to disciplinary action, conviction, or incapacity.

5. Minimum Tenure for Police Officers:
Police officers on operational duties, such as Inspector General of Police, Deputy Inspector General of Police, Superintendent of Police, and Station House Officers, should have a minimum tenure of two years. Exceptions include removal due to disciplinary proceedings, conviction, or incapacity.

6. Separation of Investigation from Law and Order Functions:
To ensure speedier investigation and better expertise, the investigating police should be separated from the law and order police. Initially, this separation should be implemented in towns/urban areas with a population of ten lakhs or more, and gradually extended to smaller towns/urban areas.

7. Creation of Police Establishment Boards:
Each State should establish a Police Establishment Board to decide on transfers, postings, promotions, and other service-related matters of officers up to the rank of Deputy Superintendent of Police. The Board should include the DGP and four senior officers. The State Government may interfere with the Board's decisions only in exceptional cases, recording reasons for doing so.

8. Establishment of Police Complaints Authorities:
Police Complaints Authorities should be established at the district and state levels to address complaints against police officers. The district level Authority should be headed by a retired District Judge, and the state level Authority by a retired High Court/Supreme Court Judge. These Authorities should be empowered to make binding recommendations for action against delinquent officers.

9. Formation of a National Security Commission:
A National Security Commission should be set up at the Union level to prepare a panel for the selection and placement of Chiefs of Central Police Organisations (CPOs), ensuring a minimum tenure of two years. The Commission should also review measures to upgrade the effectiveness of these forces and make recommendations for their proper utilization.

10. Consideration of Cases Involving International Terrorism and Organized Crime:
The Court considered a suggestion to treat cases involving international terrorism and organized crime as measures for the defense of India and internal security. However, due to the lack of extensive study or material, the Court requested the National Human Rights Commission, Sorabjee Committee, and Bureau of Police Research and Development to examine this suggestion and submit their views within four months.

Conclusion:
The Court issued directions for the immediate implementation of the above measures to ensure police reforms, emphasizing the need for compliance by the Central Government, State Governments, and Union Territories by 31st December 2006. The Court also sought further examination and views on dealing with cases involving international terrorism and organized crime.